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(영문) 대전지방법원 홍성지원 2020.06.17 2020고단333
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 20, 2017, the Defendant was sentenced to one year of imprisonment for special larceny in the Daejeon District Court Hongsung Branch Branch, and was released on April 30, 2018 and passed on June 19, 2018 during the execution of the sentence.

1. On March 14, 2020, the Defendant: (a) 01:00 on March 14, 2020, intruded the building into the office through a window that was not corrected after the building; and (b) was stolen by two major computers equivalent to KRW 1.4 million at the victim D’s market price on the office’s books.

2. A special larceny: (a) around 01:20 on March 14, 2020, in front of the “F” located in Chungcheongnam-gun Hong-gun, Hongsung-gun, the Defendant: (b) caused damage to the entrance cresh by forcing use of the draber tool attached to the locked entrance; (c) caused damage to the entrance cresh; and (d) caused intrusion into the office, resulting in a theft of one of the main computers owned by the victim’s G in excess of KRW 2,200,000 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. A report on the results of field identification;

1. 112. List of reported cases;

1. All on-site photographs and damaged objects;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Article 331 (1) of the Criminal Act (a point of special larceny) and Article 330 of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. The scope of punishment by law: One to thirty years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 (Special thief) Crimes (Determination of thief) (Special thief) (Special thief) thief (Special thief) thief) thief (Special thief) thief) thief) thief (Special thief) : Aggravationd element in cases of intrusion upon places other than indoor residential space: In cases of intrusion upon places other than indoor residential space: In cases of night, destruction of residence, intrusion upon upon life, or intrusion upon structures that

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